Motor Vehicles Act: Section 43 – Temporary registration

(1) Notwithstanding anything contained in section 40 the owner of a motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issue in the prescribed manner of a temporary certificate of registration and a temporary registration mark. 

(2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable:

Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted 1 [with a body or any unforeseen circumstances beyond the control of the owner], the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods as the registering authority or other prescribed authority, as the case may be, may allow.

(3) In a case where the motor vehicle is held under hire-purchase agreement, lease or hypothecation, the registering authority or other prescribed authority shall issue a temporary certificate of registration of such vehicle, which shall incorporate legibly and prominently the full name and address of the person with whom such agreement has been entered into by the owner.

Simplified Explanation

Section 43 provides the legal framework for issuing a temporary registration for motor vehicles. Temporary registration allows a vehicle to be legally driven for a short period while the owner arranges for permanent registration with the relevant authority.

Key Points

  1. Purpose of Temporary Registration:
    • Temporary registration is issued when a vehicle needs to be used for a short period before its permanent registration is completed.
    • Common situations where temporary registration is needed include:
      • When a new vehicle is purchased, and the owner needs time to get the vehicle permanently registered.
      • When a vehicle is being transferred to a new state or location, and the new permanent registration hasn’t been completed yet.
    • This allows the owner to use the vehicle legally on the road while waiting for the final registration process.
  2. Issuing Authority:
    • Temporary registration can be issued by the vehicle dealer or by the Regional Transport Office (RTO). The RTO or dealer will issue a temporary registration certificate.
    • The issuing authority has the right to set conditions and ensure that the vehicle meets all safety and legal requirements.
  3. Validity Period:
    • Temporary registration is typically valid for a maximum of one month. In some exceptional cases, this period may be extended, but it cannot exceed six months.
    • This ensures that the vehicle is not left in an unregistered state for an indefinite period.
  4. Display of Temporary Registration Number:
    • The vehicle must display its temporary registration number clearly, in the form prescribed by the transport authority. This number is usually placed on a temporary plate that is fixed where the permanent number plate would go.
  5. Special Cases:
    • In cases where the vehicle is being transported from one state to another for registration, or where the vehicle is intended for use in a temporary location (such as construction projects or exhibitions), the vehicle can operate under temporary registration until it reaches its destination and is permanently registered.
    • The authorities may impose special conditions on the use of the vehicle during the temporary registration period, such as restricted areas where the vehicle can be used.
  6. Exemptions:
    • Temporary registration might not be required if the vehicle is registered in another state or if the owner has a specific exemption under the law.
  7. Expiry and Reapplication:
    • If the temporary registration period expires before the permanent registration is completed, the owner must apply for an extension of the temporary registration (if allowed) or stop using the vehicle until permanent registration is done.

Example Scenario

If someone buys a new car from a dealership in Mumbai, the dealership might issue a temporary registration certificate with a temporary number, allowing the owner to drive the vehicle for up to a month. During this time, the owner is required to apply for permanent registration with the RTO. Once the permanent registration process is complete, the vehicle will be issued a regular registration number and the temporary number will no longer be valid.

Importance

Temporary registration is essential because it allows vehicle owners to use their newly purchased or transferred vehicles legally while they complete the formalities for permanent registration. It ensures that vehicles on the road are still traceable and accounted for, even during this interim period.

Conclusion

Section 43 of the Motor Vehicles Act provides a legal framework for temporary registration of vehicles, ensuring that owners can use their vehicles legally while arranging for permanent registration. Temporary registration is typically valid for a short period and comes with specific conditions, such as the requirement to display the temporary registration number.

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